NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Attwells v White (No 2) [2021] NSWSC 135 Hearing dates: 23 February 2021 Decision date: 23 February 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Rule that the second defendant has established his claim for privilege under s 119 of the Evidence Act 1995 (NSW) in relation to the following documents: (a) The letter dated 14 June 2018 between the second defendant and his insurer; (b) The redacted portions of the emails dated 10 May 2018 and 21 May 2018 from the first defendant to the second defendant and the email dated 20 May 2018 from the second defendant to the first defendant. (2) Order the plaintiff to pay the second defendant's costs of the hearing on 23 February 2021. Catchwords: EVIDENCE — Privileges — Client legal privilege — Litigation COSTS — Party/Party — General rule that costs follow the event — Application of the rule Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 5 Evidence Act 1995 (NSW), s 119 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Category: Procedural rulings Parties: Noel Bruce Attwells (Plaintiff) Gary Alan White (First Defendant) John Kelly SC (Second Defendant) Representation: Counsel: R Newell (Plaintiff) K Petch (First Defendant) I Griscti (Second Defendant)
Solicitors: L C Muriniti & Associates Solicitors (Plaintiff) Gilchrist Connell (First Defendant) Mills Oakley (Second Defendant) File Number(s): 2017/382284
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